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Court against unaffiliated schools admitting students

Legal Correspondent

"That victims are innocent students cannot be a ground for granting relief"

New Delhi: The Supreme Court has deprecated the practice of educational institutions, without requisite recognition or affiliation, admitting students and then rushing to court at the time of examinations in the guise of protecting their interests.

A Bench of Justice Arijit Pasayat and Justice Lokeshwar Singh Panta said: "In all such cases the usual plea is the career of innocent children who have fallen into the hands of the mischievous designated school authorities. Though the ultimate victims are innocent students that cannot be a ground for granting relief."

Not entitled to

Citing an earlier judgment, it said: "Slackening the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of education."

The Bench said the High Courts giving a direction to permit students of unauthorised educational institutions to appear in the examination had been looked upon by the apex court with disfavour as they were not legally entitled to.

It quoted another judgment that said: "To permit students of an unaffiliated institution to appear at the examination conducted by the Board under orders of the court and then to compel the Board to issue certificates in favour of those who have undertaken the examination would tantamount to subversion of law."

It further said: "We [Judges] are afraid that this kind of administration of interlocutory remedies, more guided by sympathy quite often wholly misplaced, does no service to anyone. From the series of orders that keep coming before us in academic matters, we find that loose, ill-conceived sympathy masquerades as interlocutory justice exposing judicial discretion to the criticism of degenerating into private benevolence."

Case of appeal

In the instant case the apex court was dealing with a case arising out of an appeal preferred by Sunil Oraon, a minor, and others against a Jharkhand High Court judgment dismissing a petition from the Cambridge School Parents Association seeking a direction to the CBSE to allow the students to sit for the examination.

Dismissing the appeal, it said: "The factual scenario goes to show the school has shown scant regard to the requirements for affiliation. Students have suffered because of the objectionable conduct of the school. It shall be open to them to seek such remedy against the school as is available in law, about which aspect we express no opinion."

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